Stooksbury v. Pratt

Ms. Justice Tomlinson

delivered the opinion of the Court.

James Stooksbury died in February of 1949 leaving a will which provided this:

“Second, I nominate as my Executor, Elijah Melton, and appoint him to act as the executor of my estate without bond. I direct my executor to sell all of my real and personal property, at public or private sale as he may think best, and after paying all of my just debts, I direct that he pay the balance in my estate to my children, share and share alike.”

The question for decision is whether, in view of this provision of the will, a son of the testator, W. M.…